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DRAFT Council Packet 2022.10.04 (Public Portal)AGENDA PRATTVILLE CITY COUNCIL TUESDAY, OCTOBER 4, 2022 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: ROLL CALL: CALL TO ORDER: THE CHARACTER TRAIT OF THE MONTH IS RESPECT: Treating others with honor and dignity. APPROVAL OF MINUTES: Public Hearing and City Council Meeting September 20, 2022, and Special Called City Council Meeting September 26, 2022. COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT'S AGENDA: MAYOR'S REPORT: REPORT FROM COUNCIL ON SPECIAL COMMITTEES: CONSENT AGENDA 1. RESOLUTION: To Set a Public Hearing to Declare Stagnant Water at 311 Walker Street to Be Unsafe and a Public Nuisance Pursuant to Section 46-6, City of Prattville Code of Ordinances. {Sponsored By: Councilor Starnes) 2. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. {Sponsored By: Councilor Starnes} AGENDA 1. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 907 Brookwood Drive Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances. {Sponsored By: Councilor Starnes} 2. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 1105 Deramus Street Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances. {Sponsored By: Councilor Starnes) 3. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes) 4. ORDINANCE: To Rezone Property Located Inside the City Limits at Beacon Hill Estates off Indian Hills Road from FAR (Forest, Agriculture, Recreation) to R-2 (Single Family Residential) (Petitioner: City of Prattville). {Sponsored By: Councilor Striplin) 5. ORDINANCE: To Rezone Property Located Inside the City Limits at 849 Franklin Street from M-2 (General Industry) to FAR (Forest, Agriculture, Recreation) (Petitioner: Jonathan Mitchell). {Sponsored By: Councilor Striplin) 6. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with BWS Technologies, Inc. for Information Technology Services at a Monthly Cost Not to Exceed $4,312.00 plus an Annual Cost Not to Exceed $5,500.00.] (Sponsored By: Council President Boone) 7. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with BWS Technologies, Inc. for Web Services at an Annual Cost Not to Exceed $8,760.00. {Sponsored By: Council President Boone) 8. RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the City Limits at 1099 Doster Road from FAR (Forest, Agriculture, Recreation) to M-2 (General Industry) (Petitioner: Graham Packaging Company, LP). {Sponsored By: Council President Boone) 9.ORDINANCE: To Amend the City of Prattville Code of Ordinances by Amending Section 38-321, Article V, Chapter 38, License Classification Codes, Amending Section 38-322, Article V, Chapter 38, License Fee Schedule and Adding Sections 38-700 to 38-730, Article IX, Chapter 38, Short -Term Rentals. {Sponsored By: Council President Boone) 10. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Goodwyn Mills Cawood LLC for Engineering Design Services at North Highland Park at a Cost Not to Exceed $120,000.00. (Sponsored By: Council President Pro Tempore Strichik) COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN: The next City Council meeting is scheduled for Tuesday, October 18, 2022, at 6:00 p.m. 1 RESOLUTION 2 3 [To Set a Public Hearing to Declare Stagnant Water at 311 Walker Street to Be Unsafe and a 4 Public Nuisance Pursuant to Section 46-6, City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Starnes} 7 8 WHEREAS, stagnant water is a public nuisance that is injurious to the public health, 9 10 safety and general welfare of the community pursuant to Section 46-6, City of Prattville Code 11 12 of Ordinances; and 13 14 WHEREAS, §6-5-122 et seq., Code of Alabama, 1975, as amended, permits the City 15 16 Council of the City of Prattville to declare a public nuisance and abate the same; and 17 18 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19 20 the property and determined the existence of stagnant water at 311 Walker Street; and 21 22 WHEREAS, the Autauga County tax records list the property owner(s) as Moffett Jules 23 24 M. & Wells Robert Spencer Sr., trustee of the CIVIC Trust dated January 22, 2020, with an 25 26 address of 4565 Highway 14, Millbrook, AL 36054 to parcel number 19 02 10 2 007 010.000; 27 28 and 29 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 30 31 Prattville Police Department Code Enforcement Officer sent notice to the owner(s) of the above 32 33 property in writing on September 16, 2022, to correct, remedy or remove the condition of 34 35 stagnant water within 10 days; and 36 37 WHEREAS, the owner(s) of 311 Walker Street has failed and/or refused to correct, 38 39 remedy or remove the condition of stagnant water after the expiration of said notice; and 40 41 WHEREAS, Section 46-32, City of Prattville Code of Ordinances authorizes the City to 42 43 do such work or make such improvements that are necessary to correct, remedy or remove 44 45 such condition, pay therefore and charge the expenses incurred to the owner(s) of such lot. 46 47 NOW, THEREFORE, BE IT RESOLVED that: 48 49 1. the City Council of the City of Prattville declares the stagnant water at the above -listed 50 address to be a public nuisance which is due to be abated; and 51 2. the owner(s) of said property are ordered to appear before the City Council at a public 52 hearing at 6:00 p.m. on November 1, 2022, at Prattville City Hall; and 53 3. the notice of a public hearing on the matter as required by the applicable laws will be 54 provided in a publication of general circulation in compliance with the law, by certified mail, 55 and by signage on the subject property. 56 57 ADOPTED THIS 4TH DAY OF OCTOBER, 2022. 58 59 60 61 By: Lora Lee Boone, President 62 Prattville City Council 63 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 RESOLUTION [To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended.] "Sponsored By: Councilor Starnes} WHEREAS, an abundance of overgrown grass or weeds: 1. is injurious to the public health, safety and general welfare by providing a breeding ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 2. may cause the further spread of weeds; 3. may hide debris, such as glass or metal, that could inflict injury on a person going to such property; 4. may also pose a fire hazard and respiratory hazard; and WHEREAS, §11-67-1 et seq., Code of Alabama, 1975, as amended, permits the City Council of the City of Prattville to declare an abundance of overgrown grass and weeds to be a public nuisance; and WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected the property at the following addresses and determined the existence of an abundance of overgrown grass and weeds: • 613 Allenville Road - Keen Eric, 613 Allenville Road Prattville, AL 36067 [19 03 07 4 001 012.000] • 870 Wilberforce Avenue - Thomas Frederick Eugene & Barbara Jean, 870 Wilberforce Avenue, Prattville, AL 36067 [19 03 05 4 011 007.000] • 1265 Adell Street - Deal Michael A & Tammy Sanders c/o CS Equity Partners LLC, 110 12t" Street North, Birmingham, AL 35203 [19 02 10 4 008 019.000] NOW, THEREFORE, BE IT RESOLVED THAT: 1. the City Council of the City of Prattville declares the abundance of overgrown grass and weeds at the above -listed address to be a public nuisance; and 2. the owner(s) of said property, as they appear in the records of the Autauga County or Elmore County Revenue Commissioners, are ordered to abate the abundance of overgrown grass and weeds; and 3. the owner(s) of said property are ordered to appear before the City Council at a Public Hearing at 6:00 p.m. on November 1, 2022, at Prattville City Hall; and 4. the notice as required by §11-67-62, Code of Alabama, 1975, as amended, will be provided in a publication of general circulation in compliance with the law, by certified mail, and by signage on the subject property. ADOPTED THIS 4T" DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE 1 RESOLUTION 2 3 [To Authorize the Mayor to have Stagnant Water at 907 Brookwood Drive Abated Pursuant to 4 Section 46-6, City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Starnes} 7 8 WHEREAS, stagnant water is a public nuisance that is injurious to the public health, 9 10 safety and general welfare of the community pursuant to Section 46-6, City of Prattville Code 11 12 of Ordinances; and 13 14 WHEREAS, §6-5-122 et seq., Code of Alabama, 1975, as amended, permits the City 15 16 Council of the City of Prattville to declare a public nuisance and abate the same; and 17 18 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19 20 the property and determined the existence of stagnant water at 907 Brookwood Drive; and 21 22 WHEREAS, the Autauga County tax records list the property owner(s) as Northington 23 24 James, with an address of 907 Brookwood Drive, Prattville, AL 36066, to parcel number 19 02 25 26 03 3 001 032.028; and 27 28 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 29 30 Prattville Police Department Code Enforcement Officer sent notice to the owner of the above 31 32 property in writing on July 26, 2022, to correct, remedy or remove the condition of stagnant 33 34 water within 10 days; and 35 36 WHEREAS, the owner(s) of 907 Brookwood Drive has failed and/or refused to correct, 37 38 remedy or remove the condition of stagnant water after the expiration of said notice; and 39 40 WHEREAS, the City Council held the required public hearing at 6:00 p.m. on October 41 42 4, 2022, permitting the owner(s) of said property to present evidence, objections, and protest 43 44 regarding the proposed removal of stagnant water; and 45 46 WHEREAS, Section 46-32, City of Prattville Code of Ordinances, authorizes the 47 48 City to do such work or make such improvements that are necessary to correct, remedy or 49 50 remove such condition, pay therefore and charge the expenses incurred to the owner(s) of 51 52 such lot. 53 54 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 55 56 declares that the stagnant water at 907 Brookwood Drive continues to be a nuisance. 57 58 BE IT FURTHER RESOLVED the Mayor shall have the stagnant water at 907 59 6o Brookwood Drive removed using City forces or private contractors. The property owner(s) shall 61 62 have the right to remove the stagnant water at his or her own expense provided the removal is 63 64 done prior to the commencement of work by employees or agents of the City. The Mayor shall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 keep an accounting of all costs related to this request and report such cost to the City Council following its removal. ADOPTED THIS 4T" DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-B, PAGE 1 RESOLUTION 2 3 [To Authorize the Mayor to have Stagnant Water at 1105 Deramus Street Abated Pursuant to 4 Section 46-6, City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Starnes} 7 s WHEREAS, stagnant water is a public nuisance that is injurious to the public health, 9 10 safety and general welfare of the community pursuant to Section 46-6, City of Prattville Code 11 12 of Ordinances; and 13 14 WHEREAS, §6-5-122 et seq., Code of Alabama, 1975, as amended, permits the City 15 16 Council of the City of Prattville to declare a public nuisance and abate the same; and 17 18 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19 20 the property and determined the existence of stagnant water at 1105 Deramus Street; and 21 22 WHEREAS, the Autauga County tax records list the property owner(s) as Taylor Danny 23 24 C & Kathy L, with an address of 1769 Lakeview Drive, Prattville, AL 36067, to parcel number 25 26 19 05 15 2 013 027.000; and 27 28 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 29 30 Prattville Police Department Code Enforcement Officer sent notice to the owner(s) of the above 31 32 property in writing on August 2, 2022, to correct, remedy or remove the condition of stagnant 33 34 water within 10 days; and 35 36 WHEREAS, the owner(s) of 1105 Deramus Street has failed and/or refused to correct, 37 38 remedy or remove the condition of stagnant water after the expiration of said notice; and 39 40 WHEREAS, the City Council held the required public hearing at 6:00 p.m. on October 41 42 4, 2022, permitting the owner(s) of said property to present evidence, objections, and protest 43 44 regarding the proposed removal of stagnant water; and 45 46 WHEREAS, Section 46-32, City of Prattville Code of Ordinances, authorizes the 47 48 City to do such work or make such improvements that are necessary to correct, remedy or 49 50 remove such condition, pay therefore and charge the expenses incurred to the owner(s) of 51 52 such lot. 53 54 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 55 56 declares that the stagnant water at 1105 Deramus Street continues to be a nuisance. 57 58 BE IT FURTHER RESOLVED the Mayor shall have the stagnant water at 1105 59 6o Deramus Street removed using City forces or private contractors. The property owner(s) shall 61 62 have the right to remove the stagnant water at his or her own expense provided the removal is 63 64 done prior to the commencement of work by employees or agents of the City. The Mayor shall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 keep an accounting of all costs related to this request and report such cost to the City Council following its removal. ADOPTED THIS 4T" DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE 1 RESOLUTION 2 3 [To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the 4 Code of Alabama, 1975, as Amended.] 5 6 (Sponsored By: Councilor Starnes) 7 8 WHEREAS, an abundance of overgrown grass or weeds: 9 10 1. is injurious to the public health, safety and general welfare by providing a breeding 11 ground and shelter for rats, mice, snakes, mosquitoes and other vermin; 12 2. may cause the further spread of weeds; 13 3. may hide debris, such as glass or metal, that could inflict injury on a person going to 14 such property; 15 4. may also pose a fire hazard and respiratory hazard; and 16 17 WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2022- 18 19 A, Page 171, that the abundance of overgrown grass and weeds at various addresses in the 20 21 City constituted a public nuisance and set a public hearing to discuss said nuisances; and 22 23 WHEREAS, notice, as required by §11-67-62, Code of Alabama, 1975, as amended, 24 25 was provided in the Montgomery Advertiser, by certified mail, and by signage on the subject 26 27 properties; and 28 29 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 30 31 said properties and determined that the public nuisance still exists; and 32 33 WHEREAS, the City Council held the required public hearing at 6:00 p.m. on October 34 35 4, 2022, permitting the owners of said properties to present evidence, objections, and protest 36 37 regarding the proposed removal of weeds. 38 39 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 40 41 declares that the abundance of overgrown grass and weeds on the properties continue to be 42 43 a public nuisance: 44 45 • 1509 Trolley Road - Hale Logan, 954 Davis Street, Prattville, AL 36067 46 [19 01 02 1 000 099.0001 47 + 830 Cottage Lane - Bishop II Jeffery S, 830 Cottage Lane, Prattville, AL 36067 48 [19 05 21 2 002 013.027] 49 • 609 Allenville Road - Allen Anthony c/o Walter Dolan, 2402 Demonbruen Drive, 50 Millbrook, AL 36054 [19 03 07 4 001 011.000] 51 • 118 Guilford Lane - Williams Stephen L. & Doris M., 118 Guilford Lane, Prattville, AL 52 36067 [19 02 10 1 001 032.000] 53 • 805 Stonewall Drive - Martin Victoria Rhea, 805 Stonewall Drive, Prattville, AL 36067 54 [19 05 15 3 002 002.000] 55 • 1105 Deramus Street - Taylor Danny C & Kathy L, 1769 Lakeview Drive, Prattville, AL 56 36067 [19 05 15 2 013 027.000] 57 58 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds 59 60 on the properties listed above cut or removed using city forces or private contractors. Any 61 62 property owner(s) shall have the right to have any weeds removed at his or her own expense 63 64 provided the removal is done prior to the commencement of work by employees or agents of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 the City. The Mayor shall keep an accounting of all costs related to the removal of overgrown grass and weeds and report such cost to the City Council following their removal. ADOPTED THIS 4T" DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-B, PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ORDINANCE [To Rezone Property Located Inside the City Limits at Beacon Hill Estates off Indian Hills Road from FAR (Forest, Agriculture, Recreation) to R-2 (Single Family Residential) (Petitioner: City of Prattville).] {Sponsored By: Councilor Striplin} BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are hereby amended to reclassify the property described in Attachment "A" from FAR (Forest, Agriculture, Recreation) to R-2 (Single Family Residential); and THAT this proposed ordinance and a synopsis were advertised for two (2) weeks in the Montgomery Advertiser, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council at its Public Hearing on October 4, 2022, at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on August 18, 2022. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 4TH DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4TH DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2022, PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ORDINANCE [To Rezone Property Located Inside the City Limits at 849 Franklin Street from M-2 (General Industry) to FAR (Forest, Agriculture, Recreation) (Petitioner: Jonathan Mitchell).] {Sponsored By: Councilor Striplin} BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are hereby amended to reclassify the property described in Attachment "A" from M-2 (General Industry) to FAR (Forest, Agriculture, Recreation); and THAT this proposed ordinance and a synopsis were advertised for two (2) weeks in the Montgomery Advertiser, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council at its Public Hearing on October 4, 2022, at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on August 18, 2022. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 4TH DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4TH DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2022, PAGE I RESOLUTION 2 3 [To Authorize the Mayor to Enter into an Agreement with BWS Technologies, Inc. for 4 Information Technology Services at a Monthly Cost Not to Exceed $4,312.00 plus an Annual 5 Cost Not to Exceed $5,500.00.] 6 7 {Sponsored By: Council President Boone} 8 9 WHEREAS, the City of Prattville has a need for information technology (IT) services 10 11 for the maintenance of the City's current IT infrastructure; and 12 13 WHEREAS, said services are available from BWS Technologies, Inc. at a monthly cost 14 15 not to exceed $4,312.00 plus an annual fee not to exceed $5,500.00; and 16 17 WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to 18 19 secure services with consultants possessing a high degree of professional skill to be let without 20 21 competitive bidding; and 22 23 WHEREAS, said services have an impact on the City's security systems; and 24 25 WHEREAS, said services are a budgeted expense. 26 27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 28 29 that the Mayor is hereby authorized to enter into said agreement with BWS Technologies, 30 31 Inc. for said services. 32 33 BE IT FURTHER RESOLVED that funds in an amount not to exceed $4,312.00 per 34 35 month are hereby authorized and approved to be paid to BWS Technologies, Inc., and said 36 37 funds are hereby approved and appropriated from FY2023 Budget Line Item Information 38 39 Technologies/ Professional Services. 40 41 BE IT FURTHER RESOLVED that funds in an amount not to exceed $5,500.00 are 42 43 hereby authorized and approved to be paid to BWS Technologies, Inc., and said funds are 44 45 hereby approved and appropriated from FY2023 Budget Line Item Information Technologies/ 46 47 Software Support. 48 49 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 50 51 all documents necessary to carry out the intent of this resolution. 52 53 ADOPTED THIS 4T" DAY OF OCTOBER, 2022. 54 55 56 By: Lora Lee Boone, President 57 Prattville City Council 58 59 AUTHENTICATED THIS 4TH DAY OF OCTOBER, 2022. 60 61 62 By: Paula G. Barlow 63 City Clerk 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 RESOLUTION [To Authorize the Mayor to Enter into an Agreement with BWS Technologies, Inc. for Web Services at an Annual Cost Not to Exceed $8,760.00.] {Sponsored By: Council President Boone} WHEREAS, the City of Prattville has a need for web services for the maintenance of the City's current website domains; and WHEREAS, said services are available from BWS Technologies, Inc. at an annual cost not to exceed $8,760.00; and WHEREAS, said services have an impact on the City's security systems; and WHEREAS, said services are a budgeted expense for the IT Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that the Mayor is hereby authorized to enter into said agreement with BWS Technologies, Inc. for said services. BE IT FURIrHER RESOLVED that funds in an amount not to exceed $8,760.00 are hereby authorized and approved to be paid to BWS Technologies, Inc., and said funds are hereby approved and appropriated from FY2023 Budget Line Item Information Technologies/ Professional Services. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and all documents necessary to carry out the intent of this resolution. ADOPTED THIS JJH DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4TH DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE I RESOLUTION 2 3 [To Set a Public Hearing to Rezone Property Located Inside the City Limits at 1099 Doster 4 Road from FAR (Forest, Agriculture, Recreation) to M-2 (General Industry) (Petitioner: 5 Graham Packaging Company, LP).] 6 7 {Sponsored By: Council President Boone} 8 9 WHEREAS, Graham Packaging Company, LP is the petitioner of the property described 10 11 in Attachment "A"; and 12 13 WHEREAS, said property to be rezoned is located inside the City Limits at 1099 Doster 14 15 Road; and 16 17 WHEREAS, the petitioner wishes to rezone the approximately 8-acre property from FAR 18 19 (Forest, Agriculture, Recreation) to M-2 (General Industry); and 20 21 WHEREAS, a Public Hearing on the proposed rezoning was held by the City of Prattville 22 23 Planning Commission on September 15, 2022; and 24 25 WHEREAS, the Planning Commission did recommend the zoning of said property, as 26 27 described in Attachment "A", be amended from FAR (Forest, Agriculture, Recreation) to M-2 28 29 (General Industry). 30 31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 32 33 a Public Hearing is set for November 1, 2022, at 6:00 p.m. at Prattville City Hall. 34 35 STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 36 THE NEXT PAGE. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PROPOSED ORDINANCE 52 53 Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 54 55 is hereby given by the City Council of the City of Prattville, Alabama, that at the regular meeting 56 57 of said City Council on October 4, 2022, at Prattville City Hall, 101 West Main Street, Prattville, 58 59 Alabama, the following proposed ordinance was introduced. 60 61 62 63 Paula G. Barlow 64 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ORDINANCE BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are hereby amended to reclassify the property described in Attachment "A" from FAR (Forest, Agriculture, Recreation) to M-2 (General Industry); and THAT this proposed ordinance and a synopsis were advertised for two (2) weeks in the Montgomery Advertiser, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council at its Public Hearing on November 1, 2022, at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on September 15, 2022. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 4T" DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ORDINANCE [To Amend the City of Prattville Code of Ordinances by Amending Section 38-321, Article V, Chapter 38, License Classification Codes, Amending Section 38-322, Article V, Chapter 38, License Fee Schedule and Adding Sections 38-700 to 38-730, Article IX, Chapter 38, Short -Term Rentals.] (Sponsored By: Council President Boone) WHEREAS, Alabama municipalities are authorized to regulate Short -Term Rentals to minimize the potential adverse impacts of transient uses in residential neighborhoods relating to traffic, noise and trash; and WHEREAS, no person, taxpayer, or agent of a person or taxpayer is authorized or permitted to engage in business in the City for which a license is required without first having procured a license by City Ordinance 38-306; and WHEREAS, Short -Term Rentals are a national trend and provide another option of places to stay while visiting the City; and WHEREAS, the City Council of the City of Prattville finds it in the interest of the public health, safety, welfare and convenience to authorize the operation of Short -Term Rentals within the City limits, subject to regulations further described herein to protect residential neighborhoods relating to traffic, noise and trash. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville, Alabama, that Chapter 38, Article V, Business Licenses and Taxes, Section 38-321 License Classification Codes is hereby amended as follows: License Code Code Description Fee Sch 1110000 Farming and crop production A 1113523 Agricultural imp sales A 1120000 Animal production A 1130000 Forestry G 1130851 Forester G 1140000 Fishing & hunting A 1150000 Agricultural support H 1152261 Cotton finishers H 1153524 Cotton gin mfg H 2110000 Oil gas extraction C 2120000 Mining C 2130000 Mining support services B 2210000 Utilities F 2214911 Electric utility F 2214924 Gas company, natural gas F 2214941 Water utility F 2215984 Gas liquid F 2361522 Contractors -residential A 2361541 Contractors-comm bldg A 2370000 Contractors -heavy construction A 2371611 Asphalt contractor A 2380000 Contractors -specialty trade A 2381531 Swimming pool construction A 2381532 Plumbing contractor A 2381533 HVAC contractor A 2381561 Roofing contractor A 2381562 Siding contractor A 2381711 Plumbers A 2381712 Air conditioning contract A 2381715 Sprinkler systems A 2381716 Tile contractor A 2381717 Building framer A 2381718 Brick, block contractor A 2381719 Gasfitter contractor A 2381721 Painter, paper hanger A 2381722 Fence dealer/install A 2381723 Heating & air conditioning A 2381724 Cabinet contractor, build A 2381726 Curb painter, Ord. 17-6 A 2381731 Electric contractor A 2381742 Drywall, sheetrock contrac A 2381744 Cable wire contractor A 2381745 Insulation contractor A 2381752 Carpetlayers A 2381761 Sheetmetal contractor A 2381771 Concrete finisher A 2381791 Steel erectors A 2381794 Excavating, foundation wrk A 2385855 Satellite sales/install A 2387398 Signs, sales, install, mobile A 2387423 Elevator maintenance A 3110000 Food mfg E 3120000 Beverage mfg E 3120160 Special retail more than 30 days IL 3121201 Restaurant retail liquor license IE 3121301 Club liquor license class I nonprofit IC 3121302 Club liquor license class 101 ID 3121303 Lounge retail liquor class I IA 3121304 Special events retail IK 3121305 Retail beer license -on -premises only IG 3125183 Beer & wine wholesaler IN 3125921 Lounge, class ii, package store IB 3125922 Retail wine license -on -premises only U 3125923 Retail wine license -off premises only IH 3125924 Retail beer license -off -premises only IF 3130000 Textile mfg E 3140000 Other mfg E 3142394 Awning tent maker E 3143499 Locking devises E 3150000 Apparel mfg E 3160000 Leather & allied products mfg E 3210000 Wood mfg E 3220000 Paper mfg E 3230000 Printing C 3240000 Petroleum and coal mfg E 3250000 Chemical mfg E 3252813 Oxygen, industrial E 3260000 Plastic & rubber mfg E 3270000 Nonmetallic mfg E 3310000 Primary metal mfg E 3320000 Metal fabrication C 3330000 Machinery mfg E 3340000 Computer & electronic mfg E 3350000 Appliance mfg E 3360000 Transportation mfg E 3370000 Furniture mfg E 3375063 Cabinet shop E 3390000 Miscellaneous mfg E 4210000 Wholesale trade -durable D 4220000 Wh sale trade -nondurable prod D 4225172 Wh sale trade -nondurable gas D 4410000 Off -road vehicle/equipment sales A 4415013 Motor vehicle parts A 4415511 Motor vehicle dealer D 4420000 Furniture A 4430000 Electronic & appliance store A 4440000 Building materials A 4450000 Food & beverage stores A 4460000 Health and personal care stores A 4475541 Gasoline retail G 4480000 Clothing & accessories A 4510000 Sporting goods & hobbies A 4520000 General merchandise stores A 4530000 Miscellaneous retailers A 4536512 Used merchandise stores A 4540000 Non -store retailers C 4545097 Non -store retailer home C 4545962 Non -store retailers vending C 4547355 Non -store retailers -mail orders C 4810000 Air transportation C 4820000 Rail transportation SR1 4830000 Water transportation C 4840000 Truck transportation C 4840002 Truck terminal SR2 4841595 House mover C 4841797 Mobile home movers C 4850000 Charter services C 4850001 Bus terminals C 4859501 Taxicabs C 4870000 Sightseeing transportation C 4920000 Delivery O 4925315 Couriers A 4930000 Warehousing & storage-dist. J 5110000 Publishing ind except internet D 5127832 Movie theaters A 5150000 Broadcasting A 5170002 Telecommunications -other A 5170003 Telecom munications-reseller A 5171101 Telecommunications -local KA 5171102 Telecommunications -long dist KB 5190000 Information services A 5220004 Mortgage company G 5220006 Credit services G 5225932 Pawn shop G 5226000 Bank main office G 5226001 Bank branch or ATM L 5226122 Savings and loans G 5229200 Gold/silver dealers G 5229999 S&L branch or ATM L 5230000 Securities, commodity A 5240000 Agent office -funds, annuity A 5246331 Fire, marine insurance M 5246311 Life insurance N 5250000 Funds, trust, other agencies A 5313101 Real estate-broker/appraiser C 5313102 Real estate -agent C 5316513 Real estate -rental C 5317033 Real estate -trailer parks C 5317297 Mini warehouse C 5326515 Rental & leasing -other C 5327512 Rental & leasing-auto/truck C 5410000 Professional svcs not class. B 5410001 Professional associations B 5410742 Veterinarian B 5417221 Photographer B 5417287 Computer programmer B 5417311 Advertising B 5417411 Interior decorator A 5418000 Professional (medical) B 5418011 Anesthesiologist B 5418014 Neurologist B 5418015 Optician B 5418016 Physician, MD B 5418017 Psychologist B 5418018 Cardiologist B 5418019 Pediatrician B 5418020 Pathology B 5418021 Dentist orthodontist B 5418022 Orthodontist B 5418025 Surgeon, medical MD B 5418031 Osteopath B 5418041 Chiropractor B 5418042 Optometrists B 5418049 Physical therapist B 5418050 Podiatrist B 5418069 Orthopedics B 5418111 Attorney/lawyers B 5418911 Architect B 5418912 Surveyor B 5418913 Engineer B 5418931 Accountant/CPAs B 5510000 Management companies B 5610000 Administrative services C 5610001 Services not classified C 5610782 Lawn service (no landscaping) C 5611521 Alarms systems, burg., home C 5611713 Tree contractor C 5611722 Landscape service A 5611727 Steam cleaning contractor C 5611799 Pool service (cleaning) C 5614216 Parcel, package delivery C 5614722 Travel agency/travel agent C 5617217 Carpet rug cleaning C 5617249 Typing C 5617288 Court reporter C 5617321 Collection agency/credit C 5617342 Exterminators C 5617349 Janitor, cleaning service C 5617361 Employment agencies C 5617392 Detective/private inv C 5617393 Det. agency, private inv. C 5617399 Armored car service C 5617402 Chimney sweep C 5617415 Bill collector C 5617421 Answering service C 5617422 Auto recover C 5617549 Wrecker C 5617699 Locksmith C 5618995 Management service C 5619229 Patrol, security guard ser C 5620000 Waste management G 5621725 Sewer/drain cleaning cont G 5624214 Commercial garbage collect G 5624953 Commercial waste/grease G 5625039 Septic tank service G 5627410 Waste materials G 6110000 Educational services C 6210000 HMO -medical ctr & srvs H 6210001 Nursing home B 6210002 Outpatient care centers B 6214119 Ambulance service/outside B 6218055 Medical ctr/amb surgical B 6218072 Dental lab B 6218081 Audiology clinic B 6218091 Dialysis center B 6218095 Emergency medical care B 6228062 Hospital clinic/medical H 6238059 Nursing home B 6230001 Assisted living facilities B 6240000 Social assistance L 6248351 Day care centers (7 or more) B 7110000 Arts & sports D 7111304 Special events G 7117289 Talent agent D 7117441 Talent service D 7117459 Artist D 7117697 Taxidermist D 7117915 Concerts G 7117941 Boxing or wrestling match G 7117959 Carnival, fair or circus G 7120000 Museums L 7130000 Amusement C 7135010 Gym/fitness/weights C 7137394 Skating rink C 7137396 Health clubs C 7137912 Dance hall C 7137933 Bowling alleys C 7139325 Amusement parks, centers C 7139425 Water park amusement ctr C 7210000 Accommodations C 7217011 Hotel, motel C 7217015 Short -Term Rentals P 7217021 Rm, board, bed breakfast C 7220000 Drinking est/club/lounge/bar A 7221202 Snack bar A 7222099 Sandwiches distributor A 7225398 Ice cream peddler A 7225399 Mobile Food Vendor A 7225812 Restaurants A 7225813 Catering A 7225850 Mobile food service A 8110000 Repairs & maintenance C 8111103 Telephone repairs C 8117219 Alterations clothing C 8117251 Shoe repairs C 8117419 Auto detail C 8117440 Window repair C 8117531 Auto body shop, repair C 8117538 Auto, a/c, small motors repair C 8117539 Auto, tk, quick lube-oil cg C 8117542 Auto carwash stand C 8117622 Electronics, radio, TV repair C 8117623 Air condition serv. repair C 8117629 Appliance repair, elec. rpr C 8117642 Furniture repairs, refinishing C 8117692 Welding shop C 8117698 Repair service, misc. C 8120000 Personal services C 8120752 Pet grooming C 8126553 Cemetery company C 8127212 Dry clean/laundry pickup C 8127213 Dry cleaning C 8127215 Laundries, automatic C 8127218 Linen -towel -uniform rental C 8127231 Beauty shop C 8127232 Tanning beds C 8127241 Barbershop C 8127261 Funeral directors C 8127291 Therapeutic massage C 8127292 Weight loss C 8127293 Tattooing C 8127295 Pet setter C 8127296 Nail studio C 8127299 Beauty spa C 8127395 Film developers C 8127999 Fortune teller or clairvoyant i 8128073 Electrolysis C 8129950 Bail enforcement agency C 8129960 Bondsmen, firm, person C 9990000 Unclassified misc. personal svc A 9990001 Unclassified misc. business A I BE IT FURTHER ORDAINED that Chapter 38, Article V, Business Licenses and 2 3 Taxes, Section 38-322 License Fee Schedule is hereby amended as follows: 4 Schedule Rate Code A Gross receipts up to $30,000.00 $75.00 plus % of 1% (.0025) in excess of $30,000.00 B Gross receipts up to $37,500.00 $75.00 plus 1/s of 1% (.002) in excess of $37,500.00 C Gross receipts up to $75,000.00 $75.00 plus 1/ioof 1% (.001) in excess of $75,000.00 D Gross receipts up to $150,000.00 $75.00 plus 1/20of 1% (.005) in excess of $150,000.00 E Gross receipts up to $75,000.00 $75.00 plus 1/25of 1% (.004) in excess of $75,000.00 F 3% of gross receipts G Flat fee $250.00 H Flat fee $1,500.00 IA Lounge retail liquor license class 1 $600.00 IB Lounge, class II, package store $600.00 IC Club liquor license class I non-profit $600.00 ID Club liquor license class II $750.00 IE Restaurant retail liquor license $500.00 IF Retail beer license - off premises $50.00 only IG Retail beer license -on premises $75.00 only IH Retail wine license -off premises $75.00 only U Retail wine license -on premises $75.00 only IK Special events retail $150.00 plus 4.5% of gross sales IL Special retail more than 30 days $600.00 IN Beer & wine wholesale $375.00 i Flat fee $500.00 KA Flat fee $1,110.00 KB Flat fee $278.00 L Flat fee $50.00 M Company pays a license tax of $4.00 on each $100.00 of gross new premiums collected. $ x 4%(.04)=$ N Must pay a $20.00 minimum fee plus $1.00 on each $100.00 (.01) of gross new premiums collected $ x 1% of premiums (.01) _ $ + $20.00 0 Gross receipts up to $75,000.00 $100.00 P Gross receipts up to $75,000.00 $250.00 plus 1/10 of 1% (.0001) in excess of $75,000.00 SR1 Flat fee $655.00 SR2 Flat fee $200.00 5 6 BE IT FURTHER ORDAINED that Chapter 38, "Business License and Taxes" Article 8 IX is added as follows: 10 SECTION 1. Chapter 38 Business License, Taxes and Regulations Article IX - 3 Short -Term Rentals 4 5 The purpose of this article is to prescribe procedures, regulations and fees governing 6 short-term rentals within certain residential districts within the City of Prattville, as defined 7 herein and to impose operational requirements to minimize the potential adverse impacts 8 of transient uses in residential neighborhoods relating to traffic, noise and trash; and to 9 ensure the health, safety and welfare of renters and guests patronizing short-term 10 rentals. 11 12 DIVISION 1. - GENERALLY 13 14 Sec. 38-700. - Definitions. 15 16 The following words, terms and phrases, when used in this article, shall have the 17 meanings ascribed to them in this section, except where the context clearly indicates a 18 different meaning: 19 20 Dwelling. A house or other structure used primarily for residential occupancy, 21 except that the word "dwelling" shall not include boarding or rooming houses, tents, 22 tourist camps, hotels, trailers, trailer camps, or other structures designed or used 23 primarily for transient residents. 24 25 Dwelling unit. Any portion of a structure used, intended or designed as separate 26 abode for one family, as defined in the Zoning Ordinance. 27 28 Local Responsible Party. Any individual or entity who oversees and/or supervises a 29 short-term rental within the corporate limits of the City of Prattville. The local responsible 30 party is the designated contact individual for each short-term rental licensed to do business 31 within the City of Prattville. 32 33 Bedroom. Shall be defined as a sleeping area as set forth in the most recently 34 adopted International Residential Code (IRC), which is adopted and incorporated as it set 35 out in full herein. 36 37 Short-term rental. The transient use of any dwelling or any part of a dwelling for 38 overnight occupancy for a period of less than thirty (30) days. 39 40 Short-term rental manager. Any person or entity that arranges the rental, cleaning, 41 maintenance, listing, advertising, or otherwise assists in the operation of a short-term 42 rental for a profit. Short-term rental manager does not include listing services or online 43 platforms for short-term rental listings. 44 45 Transient. A person(s) occupying a dwelling or any part of a dwelling for less than 46 thirty (30) days. 47 48 Sec. 38-701. - Generally. 49 50 1. The following sections notwithstanding, no person or entity shall operate a short- 51 term rental business within the corporate limits of the City of Prattville without 52 complying with the requirements set forth herein. 53 54 2. It shall be unlawful for any person, company, or entity to list, advertise, or hold out 55 for rental, any room or building as a short-term rental without first obtaining a 56 business license under Section 38-306, and including said business license number 57 on the advertisement or listing. 58 59 3. The name and telephone number of a local responsible party shall be 60 conspicuously posted within the short-term rental property unit. The responsible party 61 shall answer calls twenty-four (24) hours a day, seven (7) days a week for the duration 62 of each short- term rental period to address problems or complaints associated with 63 the short-term rental property. The local responsible party must be able to respond on 1 site to a short- term rental property within one (1) hour of being contacted by the City 2 or occupants of said property. 3 4 4. The short-term rental shall comply with all applicable City regulations regarding 5 garbage and trash, as outlined in Chapter 66, Article IV. 6 7 5. The short-term rental shall adhere to all applicable noise provisions of Chapter 8 50, Article III. 9 10 6. Parking: Reserved 11 12 7. The applicant for a short-term rental license shall present a sketch plan of the 13 proposed short-term rental which identifies the property to be used for the rental and 14 delineates whether the entire structure is to be used as such or if only certain rooms 15 are being used as a short-term rental. This sketch plan shall include proposed areas 16 for off- street parking to adequately accommodate the number of guests. 17 18 8. The licensee of a short-term rental under this section shall limit overnight 19 occupancy of the short-term rental property to not exceed two (2) guests for every 20 one (1) bedroom for single-family zones. 21 22 9. All currently licensed short-term rentals shall be in compliance with the provisions 23 of this ordinance by January 1, 2023. 24 25 10. Short-term rentals must have a minimum of two (2) exterior operational 26 surveillance cameras to cover all entrances to the residence. By applying for a short- 27 term rental license, the owneragrees to provide footage thereof to the Chief of Police 28 for the City of Prattville upon written request. 29 30 11. Any events causing disruption to the surrounding residences, such as loud 31 music, large crowds, heavy traffic or any other event tending to cause a breach of 32 the peace shall be prohibited with short-term rental properties. 33 34 12. Upon request by the City, the local responsible party shall provide the City a copy 35 of the rental agreement, booking documents, or any other documentation regarding 36 the operation of the short-term rental property. 37 38 13. The City will not issue a short-term rental license for a residence wherein short- 39 term rentals are prohibited by restrictive covenants of record, Homeowners 40 Associations, or other neighborhood prohibitions. 41 42 DIVISION 2. - LICENSE 43 44 Sec. 38-702. - License required; short-term rental lodging tax rates. 45 46 Every person or entity in corporate limits of the City of Prattville who rents or furnishes any 47 room, lodging or accommodation as a short-term rental as defined in Section 38-700, shall 48 take out and pay to the city a short-term rental lodging tax for each short-term rental 49 location as follows: 50 51 1. If such business is being conducted within the corporate limits of the city the short- term 52 rental lodging tax shall be in an amount to be determined by the application of the rate of 53 eight and one half percent (8.5%) of the charge for such room, lodging or accommodation 54 including the charge for use or rental of personal property or services furnished in such 55 room. 56 57 2. In addition to the tax set forth above, there shall be an additional $2.00 lodgingfee per 58 house per night levied on the charge for any rooms or lodgings. 59 60 3. A license shall be required by each property owner, in addition to each short-term 61 rental manager for a particular property. 62 63 4. The short-term rental license shall be visible and conspicuously displayed to the 64 occupants of the short-term rental property. 1 Sec. 38-703. - Payment due date; delinquency; interest; failure to pay. 2 3 The lodging fee and short-term rental lodging tax levied under Section 38-702 shall be in 4 addition to every other license levied and shall be due and payable in monthly installments 5 on or before the twentieth day of the month next succeeding the month in which the license 6 accrued. The licensee shall compute the amount of tax due and pay the same to the 7 Finance Department of the City at the time of making the monthly report required by 8 Section 38-704. 9 10 All businesses operating as a short-term rental shall be subject to the provisions under 11 Sections 38-94 through 38-107 and Section 38-109. 12 13 Sec. 38-704. - Filing statement/monthly report. 14 15 On or before the twentieth day of each month every person upon whom a license is levied 16 by Section 38-702 shall render to the Finance Department of the City, on a form prescribed 17 by the Finance Department of the City, a true and correct statement showing the gross 18 proceeds of such person's business licensed for the preceding month, together with such 19 other information that the Finance Director may demand and require. If the owner did not 20 have any taxable income during the preceding month, the owner must file a zero -income 21 return with the Finance Department of the City. 22 23 Individuals utilizing a third party for lodging tax collections shall submit a transaction history 24 detail provided by the third party or other similar document that shows the dates booked, 25 gross revenue and tax submitted. 26 27 Sec. 38-705. - Revocation/Appeals. 28 29 1. A short-term rental license may be revoked by the Finance Director (i) in the event that 30 three (3) or more substantiated complaints are received by the City within a calendar year 31 as defined by January 1 st to December 31 st, or (ii) for failure to maintain compliance with 32 any of the provisions set forth within this article. A property owner whose home occupation 33 for a short-term rental has been revoked pursuant to this paragraph shall not be eligible to 34 receive any new short-term rental license for the remaining portion of the calendar year in 35 which the short-term rental license(s) is revoked and for the entire succeeding year. 36 37 2. Appeals may be taken by making application to the City Clerk within fourteen (14) days 38 of revocation. The City Council shall set a time for hearing on the matter of sustaining or 39 reversing a revocation of the short-term rental license. Notice of such hearing shall be 40 given to the licensee at least ten (10) days before the day set for said hearing. At the 41 hearing the City Council shall hear all evidence offered by any party and all evidence that 42 may be presented bearing upon the question of revocation or the refusal of renewal, as the 43 case maybe. 44 45 Sec. 38-706. - Building code compliance required. 46 47 Every premise in the City subject to an application for a short-term rental business license 48 pursuant to Section 38-703 must meet applicable building codes and fire codes, and in 49 compliance with the adopted residential code of the City of Prattville and be equipped with 50 the required safety equipment as set out below: 51 52 (a) A single-family dwelling, less than three (3) stories, in which the whole 53 dwelling will be rented as a short-term rental as well as any guesthouse, 54 which is a separate dwelling from the primary structure, must be equipped 55 with the following safety equipment: 56 57 1. Smoke detectors and carbon monoxide detectors. 58 2. Operable egress windows in sleeping areas. 59 3. Proper hand and guardrails. 60 4. GFIC protection where required by the current National Electrical Code. 61 5. Fire extinguishers. 62 6. Property displayed 9-1-1 address. 63 7. Emergency lighting egress. 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 (b) In addition to the requirements listed in subsection (a), a single-family dwelling, less than three (3) stories, which is occupied by the owner during rentals and/or in which individual rooms are rented to separate lodging parties and which have less than five (5) guest rooms as well as bed and breakfast dwellings which are owner occupied with five (5) or fewer guest rooms must be equipped with a fire sprinkler system in compliance with the most currently adopted International Residential Code. (c) In addition to the requirements listed in subsection (a), bed and breakfast dwellings with more than five (5) guest rooms and boarding houses must meet applicable building and fire codes. (d) In addition to the requirements listed in subsection (a), short-term rentals that are located within multi -family buildings must meet all applicable building and fire codes. Sec. 38-707. - Inspection required; fees. Prior to the issuance or renewal of a short-term rental business license pursuant to Section 38-703 every premise in the City must be inspected for compliance with this Article. 1. Prior to the initial issuance of a short-term rental license, short-term rentals located in a single-family dwelling must be inspected by a licensed home inspector, or other individual approved by the City's Chief Building Official. An inspection report must be completed on the form established by the City's Chief Building Official. Prior to renewal of a short-term rental license for a rental located in a single-family dwelling, an inspection report described above performed less than twenty-four (24) months prior must be on file with the Finance Department of the City. Prior to each renewal, the property owner shall certify that no changes affecting the prior inspection have been made. 2. Short-term rentals located in bed and breakfasts or multi -family buildings must be inspected by City Fire Department and/or Building Inspector. Sec. 38-708. - Designation of agent. In order to be eligible for a short-term rental business license under Section 38-702 a person or company desiring to operate a short-term rental business must be the owner of the property proposed to be covered under the license or have a completed "designation of agent" form from the property's owner. Sec. 38-709 - Severability. If any section or provision of this ordinance be declared invalid or unconstitutional by judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any other section or provision of this ordinance. Sec. 38-710 through 38-730 - RESERVED. SECTION 2. All other sections or provisions of the Code of Ordinances of the City of Prattville, Alabama, not specifically herein remain in full force and effect. SECTION 3. Should any section or provision of the ordinance of the Code of Ordinances of the City of Prattville, Alabama be held invalid, such holding shall not affect the validity of any section or provision thereof which are not themselves invalid. SECTION 4. This Ordinance shall become effective upon its adoption and publication as required by law. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ADOPTED THIS 4T" DAY OF OCTOBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2022, PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 RESOLUTION [To Authorize the Mayor to Enter into an Agreement with Goodwyn Mills Cawood LLC for Engineering Design Services at North Highland Park at a Cost Not to Exceed $120,000.00.] {Sponsored By: Council President Pro Tempore Strichik} WHEREAS, in Resolution Book 2022-A, Page 111, on June 21, 2022, the City of Prattville accepted ownership of North Highland Park from the Autauga County Board of Education; and WHEREAS, the City has identified a need for engineering design services for renovations and improvements to North Highland Park; and WHEREAS, said engineering services are available from Goodwyn Mills Cawood LLC at a cost not to exceed $120,000.00; and WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to secure services with engineers possessing a high degree of professional skill to be let without competitive bidding; and WHEREAS, in Resolution Book 2022-A, Page 112, on June 21, 2022, the City Council committed the use of State and Local Fiscal Recovery Funds from the American Rescue Plan Act for renovations and improvements at North Highland Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville hereby authorizes the Mayor to enter into an agreement with Goodwyn Mills Cawood LLC for said engineering services at a cost not to exceed $120,000.00, and said funds are approved and appropriated from FY2023 Budget Line Item Parks & Recreation/ Capital Outlay. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and all documents necessary to carry out the intent of this resolution. ADOPTED THIS 4T" DAY OF OCTOBER, 2022. M Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 4T" DAY OF OCTOBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-B, PAGE